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Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ecause that result might ensue from the abuse of a great number of powers indispensable to self-government, and obviously bestowed by the British North America Act." 9. Along with it, we are to remember another cardinal principle as to the interpretation of law relating to the curtailment of t......jesty's Forces. This is true regarding any proceeding under the Army Act. 15. In Md. Nawaz vs. Crown 7 DLR (FC) 253; Mohammad Nawaz along with another brought a matter before the Federal Court of Pakistan for grant of Special Leave to Appeal. He was tried under section 41 of the Army Act read wi......of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under the Army Act, 1952, in the Writ Jurisdiction of the High Court Division under Article 102(5) of the Cons..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... under sub-section (1) the tax effect will be more. In the instant case the Wealth Tax officer observed: "The assessee owns all the shares of M/s. Jute Fibers Ltd. and M/s. Pakistan Commodities Ltd., and in view of the reasons stated above the total value of the shares o......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... accrue or arise or are deemed to accrue or arise to him during such year. 8. Explanation 3 to the section is in the following terms:— "A dividend paid within Pakistan by Company formed and registered under the Companies Act, 1913 and having its registered ......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....a way which requires a review. It is to be observed that the Privy Council has said that the proof of the existence of a joint family does not lead to the presumption that property held by any member is joint, and the burden rests upon any one asserting that any type of property is joint to......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... she stated that she got the money from her mother Karimannessa. Kabala Exhibit 1 (a) shows that the consideration money was paid by 3 bank drafts issued from National Bank of Pakistan, Khulna Branch. According to the plaintiff the vendors wanted the consideration money in ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....y the Court on the petition of the appellant, who was one of the three share-holders, the respondents being the other two. 19. The company was a private limited company, consisting of these members, the petitioner therein being one of the three. The company which was first formed by the ......was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC) the creditor Shilpa Rin Sangstha......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... founded in holding that there is no statutory provision for the Government to enter into the land on the termination or determination of the lease. He says Ordinance XXIV of 1970 East Pakistan Government and Local Authority Lands and Buildings (Recovery of P......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......dent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan, hereinafter referred to as ''Burmah Shell". Prior to s......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. Facts are simple. Respondent had deposited demonetised currency notes in pursuance of MLR No. 81 declaring Pakistani currency notes of 500/00 and 100/00 rupee denominations as demonetised notes. The respon......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....mits within which each one of them shall exercise jurisdiction under this Ordinance. (2) A Labour Court shall consist of a Chairman appointed by the Provincial Government and two members to be appointed in the prescribed manner to advise the Chairman, one to represent the empl......nd Lab-P65our Court, Dacca, 28 DLR 160, Railway Men's Store Ltd. vs. Chairman, Labour Court, Chittagong 20 DLR (S.C) 251, Administrator, Omar Sons Ltd. vs. Chairman, First Labour Court 28 DLR 178, Pakistan Tobacco Co. Ltd. 13 D.L.R. (S.C.) 280, A. Robrio, 27 D.L.R. 98, M/s. Nabisco Biscuit and B......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained s......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... (Enlargement of Jurisdiction) (Amendment) Act, 1957 (Act No. X of 1957) and was made to take effect retrospectively from the 14th of October, 1955, which was the date on which the High Court of West Pakistan came into being as the new High Court for the integrated Province of West Pakistan and th......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sinking the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiri......ditional Attorney-General instructed by S. S. Hoda, Advocate-on-Record —For the Respondent. Criminal Appeal No. 19-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muham......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....ed on appeal by a Division Bench of the erstwhile High Court of East Pakistan. 2. The circumstances giving rise to the suit may be summarized as follows: The plaintiff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was ...... 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......Executive Engineer, C & B at present R & H, Road Division, Comilla) for executing and starting work at once as per schedules of the tender. The suit was filed against the erstwhile Province of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entere......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......to- Karnafully Paper Mills Limited Vs. Karnafully Paper Mills Workers Union, (1961) 13 DLR (SC) 160; Secretary, EPIDC Vs. Md. Serajul Haque 22 DLR) SC) 284; Glaxo Laboratory (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17. Lawyer Involved: Asrarul Husain, Senior Advocate, M. Zahir, Advocate...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....t Vs. 1. Kurban Ali M. Merchant. 2. Purviz Merwanji Dalal........................... Respondent Judgment May 27, 1965. Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a membe......d by A. Aziz, M. Dastagir, Attorneys— For Respondent No. 1. Ex-Parte—For Respondent No. 2. Civil Appeal No. K-16 of 1964. (On appeal from the judgment and order of the High Court, West Pakistan, Karachi Bench, Karachi dated the 28th November, 1962 in Suit No. 4 of 1961.) Judgment ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......espondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employmen......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....not ever actually verified by him. The position of the cash according to him, was as explained by Hamid Hussain in Ex. 43, dated 11-3-59. He took the positive plea that advances to officers and other members of the staff were used to be made against chits or cheques in accordance with the practice o......dvocate, Supreme Court, instructed by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Criminal Acquittal Appeal No. 451 ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....e in the High Court, I have come to the conclusion that the step taken by him cannot be considered to be illegal or even unjustifiable, to warrant an interference with his judgment. While the learned members of the Bar appearing in cases as officers of the Courts are entitled to all genuine consider...... Advocate, with him), instructed by Ijaz Ali, Advocate-on-Record —For the Respondent. Criminal Appeal No. 94 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June, 1970, in Criminal Appeal No. 281 of 1967.) Judgment: ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
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